2nd Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other
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Without offer and acceptance there can be no contract and so it is essential that the law provides rules to identify what constitutes both an offer and an acceptance. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted‚ it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is crucial to determine when and where a contract is actually formed and this too needs rules. In the vast
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concept of struggle has been highlighted in Australian literature‚ struggle can also be found in the ANI. Struggle—specifically seen in the landscape and war has been incorporated into the works of well-known Australian authors‚ Miles Franklin‚ AB Facey‚ and David Malouf. The first struggle which has influenced Australian society and literature is that of the landscape. A country’s landscape is more than just scenery; it is the interaction between people and place‚ the basis on which a society
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willing to leave until his mission is complete. This shows enormous sacrifice‚ not only by the men who found Ryan‚ but Ryan himself for not wanting to leave his fellow soldiers in their time of need. These messages are also made clear by Albert Facey in A Fortunate
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determined quotes can be a binding offer. Berging CJ Eq held that a quote that listed the price and object was an offer. The quote of $120‚000 given by Alison may be an offer because supply‚ delivery and installation are being communicated expressly. Harvey v Facey [1893] AC 552 determined that indication of lowest
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UNIT 2: OFFER TUTORIAL SHEET 2 1. What is an offer? 2. Explain the two (2) types of offer? 3. Distinguish between an offer and an invitation to treat. 4. What types of communication do not constitute an offer? 5. Explain each type of communication identified in (4) above. 6. When is an offer effective? 7. Explain the difference between a counter- offer and request for information. 8. Explain whether each of the following is a bilateral offer‚ unilateral offer or not an
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Every day the Earth faces an environmental dilemma that ranges from human factors such as factories which release chemicals into the atmosphere to natural causes such as floods and tornados. It has become hard to pin point which is the most threating to the ecosystem‚ but in recent times the introduction of an invasive species has played a big part in the wide spread changes in the ecosystem. Changes in an ecosystem can affect many species differently‚ if they are unable to adapt to the rapid alteration
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Federal and State powers Lee v Knapp [1967] 2 QB 442 “Stop after accident” – golden rule Smith v Hughes [1960] 2 All ER 859 “in the street” – mischief rule 4. Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256 Several contract law principles 5. Harvey v Facey [1893] AC 552 Supply of information is not an offer 6. Pharmaceutical Society of Great Britain v Boots Cash Chemist (Southern) Ltd. [1953] 1 QB 401 Shop display is not an offer – it is an invitation to treat 7. Fisher v Bell [1961] 1 QB 394 Shop
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17/07/2013 CLWM4000 Business and Corporations Law Lecture Two Contract Law: Agreement‚ Intention to b e legally bound and consideration Objectives 1. To understand the relevance of intentions to create legal relations 2. To understand what is an offer and acceptance 3. Explaining the rules for offer and acceptance 4. Explain the importance of consideration 5. Explain the rules for consideration 6. Explain the concept of promissory estoppel Intention to create legal relations Intention
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EXCEPTION Case: Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd (1986) States that where an invitor expressly binds himself to accept the highest or lowest tenderer‚ the auction may amount to an offer. Provision of Information Case: Harvey v Facey (1893) States that a communication may not be an offer but a mere response to
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